Careys Freight Lines (Tamworth) Pty Ltd T/A Careys Freight Lines

[2021] FWCA 7183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Careys Freight Lines (Tamworth) Pty Ltd T/A Careys Freight Lines
(AG2021/8766)

CAREYS FREIGHT LINES TRANSPORT WORKERS ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 DECEMBER 2021

Application for approval of the Careys Freight Lines Transport Workers Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Careys Freight Lines Transport Workers Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Careys Freight Lines (Tamworth) Pty Ltd, trading as Careys Freight Lines, applied for the approval of the Careys Freight Lines Transport Workers Enterprise Agreement 2021. The application was made before the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The Transport Workers Union was the party that had entered into the agreement with Careys Freight Lines.

The legal issues before the Commission were whether the agreement met the procedural requirements under the Fair Work Act, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees covered by it, particularly in light of any potential impact on their working conditions and entitlements.

The Commission found that the agreement had been made in good faith and followed the necessary procedures. The agreement contained all the required minimum terms and conditions, and there was evidence that the parties had engaged in genuine bargaining. The Commission also concluded that the agreement was in the best interests of the employees, as it provided them with certain benefits and protections, despite some changes to their working conditions. The decision to approve the agreement was based on a balance of these factors, recognising the need to support fair and effective workplace agreements while protecting employee interests.

The Fair Work Commission approved the Careys Freight Lines Transport Workers Enterprise Agreement 2021, effective from the date of the decision. This approval signifies the agreement's compliance with the legislative requirements and its suitability for the workforce it covers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established